Terms & Conditions
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Welcome to www.Italian-artisan.com!
The following terms and conditions govern the contractual relationship between the Users and Artisan Dna S.r.l., a company registered under the Italian laws, with registered offices in Porto Recanati (MC) viale Europa 40 62017 Italy (“we”, “Artisan DNA”, “IA”, or “Italian-artisan.com”).
1. Definitions, Acceptance, and Amendments
1.1. Definitions:
“Applicable Policy” means these Terms, policy, or rule included by reference in these Terms as published from time to time by IA on the Website, such as the Privacy Policy, the Code of Conduct, and IA Fees and Charges.
“Confidential Information” means all information disclosed by the Users to IA or by IA to the Users which is in tangible form and labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. For purposes of these Terms, Your Data shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party by a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of these Terms; or (d) was or is independently developed by the receiving party without use of the disclosing party’s Confidential Information.
“IA” means the owner of the Website and the Marketplace.
“Buyer” or “Brand” means a User that purchases User Products and Services from Sellers.
“Seller” or “Producer” means a User that offers or provides User Products and Services to the Buyer through the Website.
“Service” means the purchasing service offered through the Website by IA.
“Parties” means the Seller, the Buyer, and IA collectively.
“Other Services” means any other third-party services available through the Website by IA.
“Terms” means all terms, agreements, arrangements, conditions, and Applicable Policy referred to in this Contract, which is legally binding between IA (and any subsidiary, parent, associate, or affiliated company), the Buyer, and the Seller.
“User(s)” means anyone, Seller or Buyer, acting for business purposes, including any corporate entity, registered on, acceding to, or using the Website.
“Products” means any products ordered via the Service offered, presented, published, purchased, or sold by the Seller to the Buyer on or through the Website, the Marketplace, or in any case by using the Service.
“Website” means www.italian-artisan.com, any connected websites, and the related platform and Marketplace.
“Users data” means all electronic data, text, messages or other materials submitted to the Service by the Users in connection with the Users’ use of the Service.
1.2. The Service is subject to these Terms. These Terms shall be deemed fully and unconditionally accepted with the consent of both the Seller and the Buyer. The consent of the Buyer shall be deemed given by clicking “Payment/Pay” in the order window; the consent of the Seller shall be deemed given by accepting the order placed by the Buyer.
1.3. It is forbidden to use the Service in case:
(a) any User does not have legal or natural capacity; or any User is under the legal age for entering into a legally binding contract with Italian-artisan.com;
(b) for any reason, any User is not able to do so due to the mandatory laws of, or incompatibility relating to, the country from which the Service is being used;
(c) it is forbidden by the Italian law;
(d) any User is a “consumer” as defined by the Italian Consumer Code (D.Lgs. no. 206/2005).
1.4. The address given at the time of registration is the main place of business of the Users. For the purposes of this provision, a branch or a liaison office shall not be considered as a separate entity and your registered office shall be considered your main place of business.
1.5. Amendments to these Terms are considered accepted by Buyer(s) and Seller(s) at the time of using the Service.
2. Contractual Purposes. Role of IA. Non-Compete.
2.1. IA provides the Service through its proprietary Website and Marketplace. The Marketplace is designed and made available to the Users solely for the performance of the Service (as described in the Terms made available in the Website) and to facilitate the exchange of Product(s) between Buyers and Sellers in the context of B2B operations. No other use of the Service and the Marketplace is allowed and the Users shall refrain to perform any other activities on them; such forbidden activities may include, but are not limited to, providing, promoting, or communicating the existence of, Products or services which may compete with any service offered by IA or which are not contemplated by the provisions contained in these Terms.
3. Relationships between the Parties
3.1. Nothing in the Terms shall create or be deemed to create a partnership, an agency or an employer-employee relationship between the Parties.
3.2. The Parties are responsible for the compliance with their obligations toward each other. Each Party represents and ensures that it is aware of any applicable domestic laws (including common laws, international laws, and public laws), statutes, ordinances and regulations which may have any impact on its business or on its capacity of doing business.
3.3. The Users shall provide to IA all the necessary information, materials and approval in order to give the reasonable assistance and necessary cooperation for the provision of Service, and shall immediately assess whether such information, materials and approvals have violated the Terms, laws, or right of third parties. In such cases, any Users shall notify IA without undue delay.
3.4. The Seller acknowledges and accepts that IA is not obliged to actively monitor, nor to exercise editorial control or other types of controls over the form or content of any Product(s) accessible through the Service. IA is not responsible, but maintains the power to, approve, check or – in any case – certify Product compliance.
3.5. Since IA is a dynamic mobile marketplace, it reserves the right to withdraw any Product(s) from the Marketplace at any time and/or remove or edit any material or content on the Marketplace as prescribed below and will not be held liable for doing so either by the Users nor by any other third party. IA reserves the right not to admit Product(s) that are found or supposed to be counterfeited or contrary to public order and morality. Additionally, IA may at its sole discretion delete Product(s) that have remained unsold on the Marketplace for more than six (6) months. IA also reserves the right to order and catalog the Seller's Product(s) in different sections of the Website according to market needs.
4. Order Confirmation and Cancellation
4.1 To use the Service, Buyers will have to log in and place an order. After completing the order, the Buyer will receive an Order Receipt through an email which will act as an acknowledgement of the intended Order. IA will make best efforts to always process all Orders, but there may be exceptional circumstances wherein, we may not be able to or have to refuse to process an Order after we have received your Order.
4.2. Users remain solely responsible for the correctness and completeness of Users Data and in any case for any other data, in any form, entered on the Service and / or in the order form, especially with reference to the Product ordered, with the exclusion of any liability of IA.
4.3. The Buyer can cancel the order only before the formal acceptance has been sent by the Seller via means of Order Confirmation. Subject to section 5 (Payment) and 7 (Return and Refunds Policy) the Buyer understands and acknowledges that an order cannot be canceled after the Other Confirmation has been received. The Seller has to proceed to confirm the Order within 2 (two) business days upon the Order placed by the Buyer.
5. Payment
5.1. The payment of the full price for the purchase of the Product(s) must be made only on the STRIPE platform in the way and deadline indicated in the purchase order or in the sales invoice, if different.
5.2. Post receipt of appropriate authorization by our third-party payment partner, the Buyer will be required to click on the order button. By doing so, the Buyer is confirming to be the owner of the card or to be the legitimate holder. The Buyer also represents to have sufficient funds to pay for the Product(s) it has ordered.
5.3. Failure or incomplete payment within the deadline set by the purchase order may lead to the cancellation of the order reported via email by IA at IA’s sole discretion.
5.4. In the event of prolonged missing payment, except for greater damage pursuant to art. 1224 of the Italian Civil Code, the default interest will automatically take effect in favor of the subject(s) under applicable law at the rate established by law pursuant to Legislative Decree 231/2002 and subsequent amendments.
5.5. While it will be IA's utmost effort to ensure that all descriptions, prices, and payment processes will remain dynamically updated on the Marketplace at all points in time, Users agree and accept that since IA is a dynamic marketplace, with several sellers listing their Product(s) at any given point in time, errors may take place. In such a scenario, if the Buyer places an Order and there is an error, IA will make its best efforts to inform the Users at the earliest so that the Users can make an informed decision.
6. Third - Party services
6.1 If any User decides to enable, access or use Other Services, including but not limited to IA’s third party partners, be advised that Users’ access and use of such Other Services is governed solely by the terms and conditions of such Other Services, and IA does not endorse, is not responsible or liable for, and make no representations as to any aspect of such Other Services, including, without limitation, their content or the manner in which they handle data (including Users Data) or any interaction between any User and the provider of such Other Services. The Users irrevocably waive any claim against IA with respect to such Other Services. IA is not liable for any damage or loss caused or alleged to be caused by or in connection with the Users enablement, access or use of any such Other Services, or Users reliance on the privacy practices, data security processes or other policies of such Other Services. The Users may be required to register for or log into such Other Services on their respective websites. By enabling any Other Services, the Users are expressly permitting IA to disclose Users Login as well as Users Data as necessary to facilitate the use or enablement of such Other Service.
7. Returns and Refunds Policies
7.1. Unless otherwise indicated on a form or invoice referencing these Terms, upon every purchase occurring in the Service, IA will retain a Subscription Charge whose amount may vary according to the Users’ subscription plan or as stated in the invoice once the payment by the Buyer has been processed. If the Buyer fails to pay any Subscription Charges or charges for other services indicated on any Form referencing these Terms within five (5) business days of IA’s notice to the Buyer that payment is due or delinquent, or if the Buyer does not update payment information upon IA’s request, in addition to IA’s other remedies, IA may suspend or terminate access to, use of the Service, and the prosecution of the Order process by any Users. The Seller acknowledges that IA does not warrant the correct execution of the payment by the Buyer.
7.2. Upon acceptance of these Terms, the following return and refunds conditions apply to the Parties.
7.3. Any return of Product(s) purchased online must be agreed in advance with IA, who will assign a return authorization number to which the Buyer will refer during the return procedure described below.
7.4. Product(s) are eligible for return if the Product(s) are damaged, defective, wrong item/color/size, missing item/parts/accessories, not as described in Product(s) details, counterfeit.
7.5. The Buyer can raise a return request within 10 (ten) days after the Product has been delivered. The return request can be sent provided that proofs are uploaded by means of photographs, videos, and alike. The Seller shall not unreasonably refuse the return request and shall justify the reasons of such refusal in good faith.
7.6. Returns relating to Product(s) not marketed by IA or without the authorization number will not be accepted at IA’s sole discretion.
7.7. In any case, Product(s) returned to the Seller will not be replaced or canceled if, even for lack of adequate protective packaging, some of their parts are not intact. Likewise, the Product(s) returned to the Seller will not be replaced if the shipment is made in non-intact boxes. IA offers the possibility of using suitable boxes supplied by it for packaging purposes.
8. Delivery of Products
8.1. The Seller shall be the sole responsible for the delivery of the Product(s) to the Buyer in accordance with applicable law. The Buyer agrees that if the Order consists of more than one Product, the Product(s) may be delivered in separate packages and at separate times to the Customer.
8.2. The Seller will ship the Product(s) at Buyer's expense through the third-party provider QAPLA at the shipping address indicated by the Buyer to the Seller while placing the Order.
In case a specific delivery date has been advertised by the Seller on the Marketplace or through the Order process, the Seller will try its best to deliver the Product to the Buyer within the stipulated timelines. However, the Seller shall notify IA if it expects any delays on its part. The Users accept that IA shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of any delayed delivery.
8.3. Unless otherwise agreed in written form, the Product(s) listed on the Marketplace are not custom made and cannot be tailored or altered to meet the Buyer’s requirements. Subject to section 7 (Returns and Refunds policies) above, the Buyer accepts that once the Product(s) have been delivered to the Buyer, any risk related to the Product(s) pass to the Buyer and both IA and the Seller will not be liable for any damage, destruction or loss to the Product thereafter.
9. Subscription charges
9.1. Unless otherwise stated in the invoice, IA’s charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). The Buyer is responsible for paying Taxes except those assessable against IA’s based on its income. IA will invoice the Buyer for such Taxes if IA believes IA has a legal obligation to do so and the Buyer agrees to pay such Taxes if so invoiced.
9.2. The Users is acknowledged and hereby agrees that for the longest period permitted by applicable law from the termination - for any reason - of the contractual relationship with IA, IA shall have the right to obtain from the User the payment of the latest applied charges in case the Seller sells Product(s) to other Buyers or third parties whose professional contact has been created thanks to the IA Services.
10. Disclaimer of Warranties
10.1. THE SERVICE, INCLUDING ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND IA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE USERS ACKNOWLEDGE THAT IA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY THE USERS FROM IA OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
10.2. IA acts as a facilitator between the Buyer and the Seller. Consequently, IA does not act on behalf of or represent any Brand or any Manufacturer, nor is responsible for the quality, safety, lawfulness suitability for a specific use or purpose, the absence of defects or the availability of the Product(s), nor does IA guarantee for the Sellers’ ability to complete the sale, or the Buyers’ ability to complete the purchase. Likewise, IA does not represent or warrant for the quality of the Product(s) purchased through the Service, or whether they are free from defects. Subject to section 13 (Indemnification), the Users expressly agree to indemnifies and holds IA harmless from any damages arising from any of the above-mentioned circumstances
11. Limitation of Liability
11.1. SUBJECT TO SECTION 7 (RETURNS AND REFUNDS POLICY) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THESE TERMS, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, USERS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY OR THIRD PARTY IN CONNECTION WITH THESE TERMS OR THE SERVICE, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.
11.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, IA’S AGGREGATE LIABILITY TO THE USERS OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OR OTHERWISE IN CONNECTION WITH ANY SUBSCRIPTION TO, OR USE OR EMPLOYMENT OF THE SERVICE, SHALL IN NO EVENT EXCEED THE RESPECTIVE SUBSCRIPTION CHARGES PAID BY ANY USERS DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE USERS ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION 9.2 IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE SUBSCRIPTION CHARGES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF IA WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. IA HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE THE USERS THE RIGHTS TO ACCESS AND USE THE SERVICE PROVIDED FOR IN THESE TERMS.
11.3. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to the Users. IN THESE JURISDICTIONS, IA’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. The limitations of IA’s liability to the Users apply regardless of whether IA, its related entities, its affiliates or its personnel have been advised of the possibility of such loss or damage.
12. Force Majeure
12.1. Under no circumstances either Party shall be held responsible and no reimbursement shall be provided for any occurrences related to the functioning of the Service or the purchasing of Product(s), deriving directly or indirectly from an act of nature, or force majeure causes including – but not limited to: internet, computer, telecommunication or other equipment failures; electricity grid failures; strikes; labour disputes; riots; insurrections; civil disturbances; epidemic events or lockdowns; labour or materials shortages; governmental actions; orders form national or foreign jurisdiction or orders for non-compliance by third parties.
13. Indemnification
13.1. Each User agrees to indemnify and hold IA, its affiliates, directors, officers and employees harmless from any and all losses, claims, liabilities (including legal costs on a full indemnity) that may result from the use of the Service (including but not limited to the display of information of the Product(s) on the Marketplace), the purchase of Product(s), or violation of any of these Terms.
13.2. Each User hereby agrees to indemnify and hold IA, its affiliates, directors, officers and employees, harmless from any and all losses, damages, claims, liabilities which may arise, directly or indirectly, as a result of any claims (including, but not limited to, IP claims, Data Breach, Breach of Confidentiality) brought by third parties related to a breach of these Terms by any of the Users.
13.3. In no event shall
IA, its related entities, its affiliates or its staff be liable,
whether in contract, warranty, tort (including negligence) or any
other form of liability for:
any indirect, special, incidental or consequential damages that may be incurred by the Users;
any loss of income, business or profits (whether direct or indirect) which may be incurred by the Users;
any claim, damage or loss which may be incurred by the Users as a result of any of the Users’ transactions involving the Service.
13.4. In the event that any of the Users has a dispute with one or more other Users or other third parties, the Users release IA, its affiliates, and their respective officers, employees, agents and successors from any claims, demands and damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes and/or our Service.
14. Data privacy and security; Confidentiality
14.1. Subject to the express permissions of these Terms, the Parties will protect each other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, the Parties may use each other’s Confidential Information solely to exercise their respective rights and perform their respective obligations under these Terms and shall disclose such Confidential Information solely to those of their respective employees, representatives and users who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information.
14.2. IA will maintain commercially reasonable administrative and technical safeguards to protect the security, confidentiality and integrity of Users Data. These safeguards include encryption of Users Data in transmission and at rest (using SSL or similar technologies). IA compliance with the provisions of this section 14.2 shall be deemed compliance with IA obligations to protect Users Data as set forth in Section 14.1.
14.3. The Users agree that IA and the Other Service providers IA uses to assist in providing the Service to the Users shall have the right to access the Users account and to use, modify, reproduce, distribute, display and disclose Users Data solely to the extent necessary to provide the Service. Any third party service providers IA utilizes will only be given access to Users’ accounts and Users Data as is reasonably necessary to provide the Service and will be subject to confidentiality obligations.
14.4. IA collects certain information about the Users as well as the Users’ respective devices, computers and use of the Service. IA uses, discloses, and protects this information as described in IA Privacy Policy, the then-current version of which is available at https://italian-artisan.com/privacy-policy/ and is accepted by incorporation into the Terms.
15. Product Availability Policy
15.1. The Seller shall ensure that the Product(s) are effectively available in stocks according to the availability information provided in the Marketplace. The Seller shall not have Product(s) available in their stocks for a period exceeding two (2) months per year. As a consequence of the breach of this term 15.1, IA has the exclusive power to decide to remove the Product(s) from the Marketplace and apply sanctions at its discretion.
16. Severability
16.1. If any provisions of the Terms is found, by any court or administrative body of competent jurisdiction, to be invalid, unenforceable or in conflict with any applicable law, that provision shall be severed from these Terms but the validity or enforceability of the remaining provisions shall not be affected and shall, as far as possible, remain in force. If any provision of these Terms is found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.
17. Waiver
17.1. No failure or delay by any Party in exercising, wholly or partially, any of its rights with regard to any breach or default of these Terms or other valid written agreement shall constitute a waiver of such rights. Further, no waiver of any such breach or default shall be deemed to constitute a waiver of (i) any other rights or; (ii) any subsequent or continuing breach of default.
18. Notices
18.1. Any legal notice or request directed to IA must be made in writing and sent directly to IA – either by courier to the following body and address: Artisan Dna S.r.l. via Manin 8 Porto Recanati (MC) 62019 Italy; or certified amministrazione@pec.italiandna.it (PEC), to the attention of: Legal Department. Said notices shall be effective when IA receives them according to one of the methods listed above.
18.2. Any legal notification or request about a User is effective if personally handed out, sent by courier, fax or e-mail to the address provided by the User to IA, or sending said notice or request to an area of the Website that is accessible to the User.
18.3. The Users agree that all the agreements, notices, requests, information, and other communications that IA sends electronically meet the legal requirement in case that notice must be made in writing. The Users agree to receive communications and information from us regarding the Website and the Services through electronic communication.
19. Governing Law
19.1. These Terms and all obligations arising directly or indirectly from them shall be construed in all respects in accordance with the laws of Italy. All disputes between you and IA arising from them shall be subject to the exclusive jurisdiction of the court of Milan.
20. Questions
20.1 If you have any questions about these Terms or wish to report violations of these Terms, please contact us using our customer support website or by sending us an email at info@italian-artisan.com
21. Intellectual property rights
21.1. Each of the Party shall maintain all rights, title and interest in and to all their respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to the Users to use the Service under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights associated therewith. Subject only to limited rights to access and use the Service as expressly herein, all rights, title and interest in and to the Service and all hardware, software and other components of or used to provide the Service, including all related intellectual property rights, will remain with and belong exclusively to IA. IA shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback IA receives from the Users. IA, and IA’s other Product(s) and service names, and logos used or displayed on the Service are registered or unregistered trademarks of IA (collectively, “Marks”), and the Users may only use such Marks to identify the Users as a subscriber; provided the Users do not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Marks, or use the Marks to disparage or misrepresent IA, its services or Product(s).
22. General Terms
22.1. These Terms constitute the whole agreement between the Users and IA regarding the use of the Service, replacing any other previous agreement, written or oral, relating to the same subject herein. IA has the right to transfer these Terms (including any right, title, benefit, interest, obligation and duty included in the Terms) to any person or entity (including IA’s branches). The User cannot transfer all or part of the Terms to any person or entity without the prior written of IA.
22.2. These Terms are drafted in Italian and English. In case of conflicts between the two versions, the clauses indicated in the English version shall prevail.
22.3. Headings are for reference purposes only and in no way limit, interpret or describe the scope or extent of this section.
22.4. Nothing in these Terms excludes or limits your liability arising from fraud or fraudulent misrepresentation.
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